S.N.Jha, J.

1. The appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. Eight persons in all were put on trial, four were acquitted.

2. The case of the prosecution is that on 28.5.94, Mahasundari Devi, the informant of the case, and her family members went to sleep after taking meal in their house in village Moglaha within Babubarhi Police Station of Madhubani district. At about 11 P.M. her husband Laxman Thakur who was sleeping in the Dalan called his younger brother Rajendra Thakur who was sleeping inside the house. Rajendra Thakur went to open the door. The informant and her daughter Rina Kumari followed him. As soon as Rajendra Thakur opened the door they saw four persons standing with weapons. One of them wearing black full pant (trouser) and check shirt opened fire. Rajendra Thakur fell down. To protect him the informant fell over his body and told the miscreants to take away the valuables but not harm her Devar. The miscreant in black full pant ordered to kill the informants husband and Devar i.e. Laxman Thakur and Rajendra Thakur. On this the miscreant wearing white full pant gave 3-4 dagger blows on Rajen